Fort Worth Probate Appeals Attorneys

Serving Tarrant County and Surrounding Texas Communities

Loudermilk Law, PLLC represents individuals and businesses in appellate matters relating to probate, guardianship, and fiduciary litigation. Our Fort Worth law firm brings appeals and defends appeals on behalf of clients in Tarrant County and throughout the surrounding area of Texas.

Our Experience and Credentials

Bob Loudermilk and Daniel Cook, are seasoned practitioners in Texas probate courts. Because Bob worked as a staff attorney at Tarrant County Probate Court No. 2, he understands the applicable law and court processes quite literally from the inside out. Daniel also has extensive litigation experience, including jury trials, and now represents parties in Texas guardianship, probate, and fiduciary litigation matters in trial courts and in appellate courts across Texas.

There is an old saying in appellate practice: “Appeals are won and lost in the trial court.” Because Loudermilk Law concentrates its practice in estate and probate matters, and because of our attorneys’ background in probate and litigation, we have a unique depth of subject matter knowledge in these areas. That knowledge equips us to offer especially effective representation on appeal.

Appeals are intended to correct errors at the trial court level, not to relitigate disputes. Our attorneys know how to make the necessary offers of proof and objections at trial to preserve errors and ensure that the appellate court has something to review.

While we are mindful of preserving the trial court record in case of an eventual appeal, many of the cases that Loudermilk Law handles on appeal are cases that were tried by other firms. Attorneys who are familiar with the firm’s work and track record often refer cases to us, confident that their clients’ appellate matters will be in good hands.

Our track record is a testament to that confidence; our probate appeals attorneys have a strong record of success in these matters. Because many appeals are decided wholly on the basis of legal briefs, our attorneys’ exceptional research and writing skills create a strong foundation for a ruling in our clients’ favor.

Texas Probate Appeals

In most areas of the law, only a final order from a lower court can be appealed. Texas probate appeals are different. Probate and guardianship matters can go on for an extended period, sometimes years. Waiting until the resolution of the entire case to address an error that occurred early on can result in irreparable harm to a wronged party.

Many issues in these cases are considered final for purposes of appeal, and must be addressed on appeal while the underlying case is ongoing. Issues commonly appealed include:

• Whether a last will and testament is admissible to probate because there is concern about lack of testamentary capacity, undue influence, or improper execution;
• Issues relating to the appointment or removal of fiduciaries, including suitability of an executor or determination of gross misconduct or mismanagement by an executor;
• Determinations of heirship;
• Creditor claims;
• Approval or disapproval of reports of sale;
• Inventory and accounting disputes;
• Determinations of incapacity in guardianship matters; and
• Choice of guardian for an incapacitated person.

Many appeals fail from the outset not because they lack legal merit, but because an attorney has misinterpreted a deadline or otherwise failed to observe an important procedural requirement. The probate appeal attorneys of Loudermilk Law understand the complex procedural rules and strict deadlines of the appellate process, as well as the probate issues underlying the appeal.

Contact Our Tarrant County Probate Appeal Attorneys

Based in Fort Worth, Loudermilk Law helps clients throughout Tarrant County and the surrounding region with appeals involving probate, guardianship, and related matters. Our extensive experience with these legally and procedurally complex matters enables us to protect our clients’ interests and ensure that trial court errors are rectified. To request additional information or schedule a consultation, please call our office at 817.730.9300 or use our online contact form.